Medicine is a complicated science. There is little argument that being a doctor is extremely challenging, but this is their job. When a medical misdiagnosis is made, the doctor must be held accountable. A proper diagnosis occurs when a physician assesses a patient and orders the appropriate treatment. When a misdiagnosis occurs, the doctor may not order a needed treatment, order the wrong one, or misdiagnose the underlying condition. The misdiagnosis of a progressive disease such as cancer can have catastrophic results.
Sadly, it is estimated that up to 20% of all fatal illnesses are initially misdiagnosed. Recent studies report that we will all, at least once in our lifetimes, be misdiagnosed for an illness. When a misdiagnosis occurs precious time is lost, and the underlying disease can be harder, if not impossible to treat.
It is important to note that not all misdiagnosis are actionable. Certain elements must be present, which include:
The misdiagnosis of any medical condition is possible, but often occur with:
If you or a loved one has been misdiagnosed, you are likely confused and angry. You need answers. It is important to speak with an experienced lawyer you can trust. The legal team at Stephen Bilkis and Associates have been helping personal injury victims for decades. We have received awards that were the biggest of their time, including awards ranging from sixty-nine million dollars ($69,000,000) down to twelve million dollars ($12,000,000). We are committed to ensuring our clients receive the compensation owed to them and that their legal rights are protected.
Value of a Medical Diagnosis CaseBefore you decide to bring an action, you may be wondering what a case like yours is worth. To answer your question, our legal team will need to consider several aspects of your case:
Insurance Policy LimitsEvery insurance company views an injury differently, and has their own process in handling a claim. What is critical to your case however, is the policy limits involved. The policy limit is the cap of what can often be collected in a case. Sometimes however, there will be other policies that can be accessed, such as an umbrella policy.
Medical ExpensesIf you have misdiagnosed, you have a right to be compensated for the medical costs that the misdiagnosis has caused. You may have hospital bills, surgery bills, medication costs and more.
Work IncomeIf you have missed work because of your misdiagnosis, you can be compensated for your missed wages. If you are unable to return to work at all, your lost future earnings will be calculated.
Pain and SufferingIf you have been the victim of a medical misdiagnosis, this error may have caused considerable pain and suffering for you. The law says that in the state of New York, you are able to recover compensation for this. The amount of money you receive will depend on what type of injury you have suffered, taking into account your prognosis for the future. Your relationships with your family may be affected as well, which is known as loss of consortium. When assessing your pain and suffering the court will also consider your loss of quality of life.
When the above things are considered, your lawyer will be able to provide an estimate of your damages, and therefore the value of your case. Here are some examples of verdicts for similar personal injury cases:
$28,900,000 Jury Verdict: Patient treated for depression had Wilson's disease.
$13,750,000 Jury Verdict: Patient went untreated for sepsis.
$45,000,000 Jury Verdict: Doctor failed to recognize abuse, baby later died of a traumatic brain injury.
Being a victim of another's negligence is frustrating and confusing. Stephen Bilkis and Associates is here to help. We are committed to helping you get the compensation you deserve so you can get on with your life. We have offices in Manhattan, Queens, the Bronx, Brooklyn, Staten Island, Suffolk County, Nassau County and Westchester County. Call us today for a free consultation at 800.696.9529.